ASEAN was established in 1967. The ASEAN free trade has existed since 1977 in the presence of preferential trade agreements, where the period of 10 (ten) years since the establishment of the existing ASEAN-establishment of the relationship between state-of States members of ASEAN. The development will it continue with the ASEAN Free Trade Agreement ("AFTA") in 1992. So trade liberalization in ASEAN has been there long enough. Therefore, AEC 2015 is not the same as AFTA, as AFTA there from 1977.
The difference between AFTA and the MEA is AFTA tarif on products or goods, while MEA include goods, services, professions, the flow of people, etc. In essence MEA is an integration of the region in which ten (10) ASEAN members into one on January 1, 2016 with the aim of creating the ASEAN region as a single market and production base that is highly competitive with equitable economic growth as well as integrated with the global economy.
Integration MEA includes four (4) pillars, but this time seems not to meet the ASEAN 4 (four) pillars example yet competitive because there are still problems of uneven development, not equitable because it still UMKN a victim and not integrated into the global economy, for example, Indonesia is still full concentration on domestic needs. In essence, the ASEAN countries are simply not ready to face the MEA.
ASEAN member countries have the freedom to set its own rules, it is a challenge for ASEAN how to move forward together in achieving the four (4) pillars.
One of the benefits of integration MEA is growing competitiveness. Examples of small things that can foster competitiveness is to learn other languages. But in terms of competitiveness, Indonesia still has shortcomings and weakest.
In the field of services related to the professional workforce, new architects and engineers are already a registered professional. Meanwhile, Indonesian workers working professionals in ASEAN totaled 65,000.
The scope of the professional workforce ASEAN ASEAN briefly set on Movement of Natural Persons on ("MNP") Agreement signed by the ASEAN Economic Ministers on the sidelines of the organization of the 21st ASEAN Summit in 2012.
The purpose of the agreement is to provide convenience MNP and transparency temporary residence permit application procedure for professionals in the region. In addition, the MNP is also intended to protect the workforce and domestic workers in each ASEAN country through clear arrangements for cross-border professional workforce. So MNP Agreement does not regulate the flow of people, but on the investment that brings professional workforce.
MNP agreement governing the movement of labor only profesional with catergory as follows :
a. Business Visitor ie employees and / or representatives of the companies in ASEAN countries to visit in the context of business and investment treaty negotiations and not allowed to conduct business transactions during the visit.
b. Contractual Service Suppliers ie natural person who is an employee of a company in the ASEAN countries to implement the supply of services to companies in other ASEAN countries is based on a contract between the two companies. Supply of temporary services performed.
c. Intra-corporate transferee is a natural person who is an employee of a company in the ASEAN countries and employed temporarily to perform services in the supply of the company's investment in other ASEAN countries. In agreement Article 3 point e also explained that for the category of Intra Corporate transferee, position level / position natural person who can enjoy the ASEAN Agreement MNP is an office / executive positions, manager and specialist.
d. Categories natural person for the temporary entry and temporary stay committed other more appropriate Schedule of Commitments of each AMS.
The Indonesian goverment in the face inovatuon of ASEAN product among others, as follows :
Presidential instruction NO.5 OF 2008 on focus economic program 2008-2009
Presidential decree No. 11 of 2011 on the implentation of the AEC blueprint commitment
Presidential decree No.23, 2012 About membership structure ASEAN national secretariat indonesia
Presindetial Decree no. 6 2014 on improving National Competitiveness in order facing MEA
Presidential Decree No.37 of 2014 on the Implementation of the Preparatory Committee of MEA
Article 5paragraph (2) ASEAN Charter:
Member States shall take all measures Necessary, Including the enactment of domestic legislation NAMAs, to Effectively implement the provisions of this Charter and to comply with all obligations of membership.
Opinion of the Constitutional Court for a Judicial Review are as follows:
a. ASEAN Charter is still a macro policy that can not be tested whether the conflict with the Act of 1945
b. ASEAN Charter is part of Act No. 38 of 2008 so that the Constitutional Court has the right to test
c. Ratification of the ASEAN Charter in the form of the Act is not appropriate because it resulted in countries other ASEAN members should be subject to the Act No. 38 of 2008
d. Loading ASEAN Charter in the form of law needs to be revisited
Values Pancasila In Law Enforcement
The first principle that is on God, reflect the values of the Indonesian people who are religious. The judiciary should be carried out solely for the sake of justice based on God, this is a reflection that the Indonesian judiciary is not under the provisions of secular but there are religious values in it. In addition, although at the level of investigation and prosecution did not include the phrase "Based on God", but the phrase "Pro Yustitia" or "For Justice" has reflected the values of Pancasila.
Sila both the just and civilized humanity, reflecting the Indonesian judiciary always put the protection of human rights, especially Indonesia since the era of the old order has been a member of the United Nations and has ratified the Universal Declaration of Human Rights (UDHR). In terms of investigation and prosecution, law enforcement is not only required but also professional and proportionate must have knowledge that the law enforcement dignity.
Third principle that the unity of Indonesia, it does not mean nationalism in the narrow sense that only tend to Indonesian interests alone. There is currently no single country can be separated from the issue of globalization, so that law enforcement lemabaga teramasuk judiciary should always pay attention to global issues, but balanced with Indonesia's national interests, in order not to be dictated by the international capitalist interests.
Fourthly, namely democracy, led by the inner wisdom of deliberations representation, reflecting that the Indonesian nation to uphold the values of deliberation in solving a problem, it is fitting that respected the judiciary, by promoting the completion of criminal cases, especially concerning the nature of the problems originally a civil relationship through alternative restorative justice with criminal position as ultimum remedium.
The five precepts of social justice for all Indonesian people, reflecting that Indonesia upholds the values of fairness for all its people. Justice is an essential justice, while so far in the judiciary often imposed criminal retributive justice that puts the body as a prison, while the intrinsic justice in a particular case can only be achieved by applying restorative justice as a reformative efforts of retributive justice, for example in the handling of criminal acts corruption that nature originally came from civil relations focus more on the return or recovery of assets not put imprison the culprit.
My opini about this, i hope goverment still focus with our community and for the law can be enforced like in economy because mybe for another country they has good knowledge but with our country weak knowledge, we hope our law will be good for face MEA and than for bussines micro really need legal protection from goverment because thats really important in economic bussnies for our community
web :
http://www.aai.or.id/v3/index.php?option=com_content&view=article&id=335:notulen-seminar-nasional-asosiasi-advokat-indonesia-mempersiapkan-advokat-menghadapi-era-masyarakat-ekonomi-asean-di-tahun-2015&catid=96:umum&Itemid=550
narasumber :
• Ibu Ina Krisnamurthi (Direktur KSEA Kementerian Luar Negeri RI)
• Dr. Iur. Damos Dumoli, SH., MA (Sesditjen Hukum dan Perjanjian Internasional Kementerian Luar Negeri RI)
• Prof. Dr. Marwan Effendy, SH., MH (Guru Besar Universitas Airlangga, Mantan Jampidsus, Jamwas Kejagung RI)
• Dr. Ricardo Simanjuntak, SH., LL.M. (Advokat/Ketua Bidang Hubungan Internasional DPN PERADI)
• Dr. Sentosa Sembiring, SH., MH. (Advokat & Dosen Fakultas Hukum Universitas Parahyangan Bandung)
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